A Person Has Land at the Border but Cannot Use It Due to Being under Fire, says Armenia's Human Rights Defender

The process of determining the borders with Azerbaijan in the Syunik and Gegharkunik regions of Armenia does not stem from the rule of law and contradicts the foundations of international law, as evidenced by the gross violations of the socio-economic and property rights of residents in border villages. This was stated in a statement by Armenia's Human Rights Defender Arman Tatoyan.

Specifically, some of the issues faced by residents in these regions include:

1) A person has legal documents confirming their ownership of a house or land (e.g., a cadastral certificate) but is deprived of that property because it is physically considered 'Azerbaijani' territory (for example, in the villages of Shurnukh and Vorotan in Syunik).

2) A person possesses documents confirming their rights to land but cannot use it, for instance, because it is directly under the fire of Azerbaijani armed forces and they regularly shoot in that area (for example, in the villages of Srrashen, Shikahogh, Nerk'in Hand, Aravus, Vorotan, Yeghvard, Agarak in Syunik and in the villages of Kut and Norabak in Gegharkunik, as well as almost all border villages).

This issue also extends to community-owned land and the opportunities for people to utilize these lands.

3) A company engaged in business was allocated land by government decision, but the company cannot make use of it because part of that specific area is occupied by Azerbaijani armed forces (for example, in the Sotk community of Gegharkunik).

4) People have been deprived of access to pastures, meadows, and orchards because they are either under Azerbaijani control or fall under the fire of their armed forces (pertaining to all border settlements in Gegharkunik and Syunik).

In response to these issues, some parties argue that since these solutions are based on topographic maps and are supplemented by the use of GPS and Google maps, they are solutions that must be reluctantly accepted. However, international regulations affirm a completely different approach: cadastral documents or cadastral maps should be the basis for preparing discussions and negotiations. They should form the basis of the parties' initial positions.

According to international regulations, cadastral documents relating to the property rights of border residents, their lands, and houses (even their addresses) must be examined and registered in advance. An assessment should be made of what potential issues may arise for individuals, and only then should preparations be made for international or inter-state discussions.

The fundamental logic remains that the border determination process cannot disrupt the normal life of residents in border settlements, their traditional way of life, nor can it violate their rights. This issue pertains not only to people's rights concerning their houses and lands but also extends to water resources, vital communication means, and so forth.

It is also essential to assess all potential damages that individuals or businesspersons may incur; all of this should be a subject of international negotiations and discussions.

Conditions cannot be set that disrupt a person's normal life in their permanent residence simply because their property rights have not been taken into account due to some interstate process for determining borders. The entire process should be organized in such a way that rather than creating new issues for people, all inconveniences are minimized to the greatest extent possible.

These principles are enshrined in the OSCE, UN guidelines, judgments of the International Court of Justice, and documents from other international organizations.